Article 32v – Specific high-value datasets and arrangements for publication and re-use

The Commission shall adopt implementing acts laying down a list of specific highvalue datasets belonging to the categories set out in Annex I and held by public sector bodies and public undertakings among the data or documents to which this Section applies. Such specific high-value datasets shall be: (a) available free of charge, subject to paragraphs 3, 4 and 5; (b) machine readable; (c) provided via APIs; and (d) provided as a bulk download, where relevant. Those implementing acts may specify the arrangements for the publication and reuse of high-value datasets. Such arrangements shall be compatible with open standard licences. The arrangements may include terms applicable to re-use, formats of data and metadata and technical arrangements for dissemination. Investments made by the Member States in open data approaches, such as investments into the development and roll-out of certain standards, shall be taken into account and balanced against the potential benefits from inclusion in the list. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 46(2).

Cross-referencePoint (a) refers to ‘paragraphs 3, 4 and 5’; Article 32v has no paragraph 5 in this text. The printed reference is retained.

The identification of specific high-value datasets pursuant to paragraph 1 shall be based on the assessment of their potential to: (a) generate significant socioeconomic or environmental benefits and innovative services; (b) benefit a high number of users, in particular SMEs and SMCs; (c) assist in generating revenues; and (d) be combined with other datasets. For the purpose of identifying such specific high-value datasets, the Commission shall carry out appropriate consultations, including at expert level, conduct an impact assessment and ensure complementarity with existing legal acts, such as Directive 2010/40/EU of the European Parliament and of the Council, with respect to the reuse of data or documents. That impact assessment shall include a cost-benefit analysis and an analysis of whether providing high-value datasets free of charge by public sector bodies that are required to generate revenue to cover a substantial part of their costs relating to the performance of their public tasks would lead to a substantial impact on the budget of such bodies. With regard to high-value datasets held by public undertakings, the impact assessment shall give special consideration to the role of public undertakings in a competitive economic environment.

By way of derogation from paragraph 1, second subparagraph, point (a), the implementing acts referred to in that paragraph shall provide that the availability of high-value datasets free of charge is not to apply to specific high-value datasets held by public undertakings where that would lead to a distortion of competition in the relevant markets.

The requirement to make high-value datasets available free of charge pursuant to point (a) of the second subparagraph of paragraph 1 shall not apply to libraries, including university libraries, museums and archives. Section 3 Re-use of certain categories of protected data held by public sector bodies